Reso 2002-433 - Laserfiche WebLink

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sufficient funds will be available and committed for the cost of each part of the proiect. The Contractor shall not COl11l11P.nce IllY-. work. unless authorized by the Owner.. at the '.witleR relfYest afthe CaBws18r, pfiar ta SaJRRleRSemeBt afthe WaR aB8 thereafter, filmiSR 18 the CaaRstar reasanahle evideaee that fmaaeiallll'l'aRgemeRts have heea IDllde 18 fUlfill the O'INRer's aBligatiaBS YRder the CaiHfaet FtimislHng ef SueR El'/idease shall Be a eelHiMieB preseseBt te eeft1RleaseRl8Bt ar Sa_1I88eB ef the Wefk. f.iler sHeR El'/idease has heeB filmished, the O"'JBer shall aet materially '/ary sHeR flBaReial aaaBgemeats widtellt pfief aetiee 18 the CeRtfas18r. 2.2.2 Except for permits and fees, including those required under Subparagraph 3.7.1, which are the responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. 2.2.3 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accurao.:y of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. 2.2.4 Information or services required of the Owner by the Contract Documents shall be furnished by the Owner with reasonable promptness in accordance with the ~roved schedule. Any other information or services relevant to the Contractor's performance of the Work under the Owner's control shall be furnished by the Owner after receipt from the Contractor of a written request for such information or services. 2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, such copies of Drawings and Project Manuals as are reasonably necessary for execution of the Work. 2.3 OWNER'S RIGHT TO STOP THE WORK 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Subparagraph 6.1.3. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may after such seven-day period give the Contractor a second written notice to correct such deficiencies within a three-day period. If the Contractor within such three-day period after receipt of such second notice fails to commence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including Owner's expenses and compensation for the Architect's additional services made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect. Ifpayments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR 3.1 GENERAL 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. 3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. lD AlA DOCUMENT AlOI-GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. 1997 EDITION. AlA - COPYRIGHT 1997 _ THE AMERICAN INSmUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N. W" WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U,S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of lhe AlA and can be reproduced without violation until the date of expiration as noted below. User Document: weitz 201 city of sunny.aia - 4/3/2002. AlA License Number 1000746, which expires on 8/3/2002. Electronic Format AlOl-1997 1 ~--J